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Home » Legal Resources » Legal Guidance » A to C » Casework Referral

Referral Of Cases

To CPS (Central Headquarters Casework Divisions, the Principal Legal Advisor, the Community Confidence Advisor, Private Office, Policy Directorate and Press Office), the Chief Crown Prosecutors (Legal Directors In CPS London) or Group Complex Casework Units

Updated 25 January 2010

Principle

Decisions on where cases are to be handled should be made quickly to avoid unnecessary delay.

Certain cases require special handling because of the type of case or the circumstances of the alleged offender.

There is a nationally agreed list of cases which are to be handled by Group Complex Casework Units and the London Complex Casework Centre. In addition, the work of the Headquarters Casework Divisions (Fraud Prosecution Divsion, Counter-Terrorism Division, Organised Crime Division and the Serious Crime Division) has also been defined.

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Guidance

Referral of Cases to Central Casework Divisions

Fraud Prosecution Division (FPD)

Cases of alleged fraud in England and Wales where the alleged loss is in excess of £750,000 and which are complex or highly sensitive.

Counter-Terrorism Division (CTD)

CPS Areas must refer the following cases to CTD:

  • acts of terrorism or terrorist related offences;
  • incitement to racial or religious hatred
  • official secrets act offences;
  • violent or domestic extremism;
  • war crimes, crimes against humanity including torture and hostage taking

Prosecutors need to be aware that:

  • any act involving commission, preparation or instigation for a potential political, religious or ideological purpose; or
  • possession of articles that might be useful to a terrorist;

could lead to the consideration of terrorist related offences.

In a few cases involving explosives, the possibility of a prosecution under the counter-terrorism legislation will arise. The Terrorism Acts 2000 and 2006 create a wide variety of offences, and most investigations are dealt with by specialist police units and referred directly to the Counter Terrorism Division. However, it is possible that prosecutors will be presented with cases where the legislation is applicable, for example where involvement with explosives is in some way linked to extremist political, religious or ideological activities which may include extreme right wing motivation.

Any case involving a possible charge under the terrorism legislation is referred immediately to the Counter Terrorism Division (CTD) and not dealt with by Area or CPS Direct prosecutors.

Refer to the Legal Guidance chapter on Explosives for detailed guidance.

Note: Racially and religiously aggravated offences are dealt with by Area with the proviso that religiously aggravated offences must be referred, through the CCP or London Sector Director, to the Principal Legal Advisor.

Organised Crime Division (OCD)

This Division deals exclusively with cases submitted by the Serious Organised Crime Agency (SOCA) and the Child Exploitation and Online Protection Centre (CEOP). SOCA and CEOP cases must not be dealt with by Area or the Group Complex Casework Unit (or the Central Complex Casework Unit in London).

In addition, CPS Areas must refer all potential applications for the following to the Central Confiscation Unit of OCD:

  • High Court Serious Crime Prevention Orders;
  • civil asset recovery;
  • pre POCA High Court restraint and receivership work;
  • civil proceedings against the CPS

Special Crime Division (SCD)

CPS Areas must refer the following cases to SCD:

  • Assisted suicide;
  • Disasters;
  • Corporate manslaughter;
  • Medical manslaughter;
  • Deaths in Custody;
  • Cases involving high profile people;
  • Serious public corruption (except cases submitted by SOCA);
  • Election offences;
  • Appeals to the House of Lords;
  • Unduly lenient sentences;
  • Non European Arrest Warrant Import Extraditions to England and Wales (except SOCA, Terrorism, Official Secrets, War Crimes or Race/Religious Hatred cases);
  • Extraditions to other jurisdictions;
  • Pre-CPS (that is, pre-1986) cases referred by the Criminal Cases Review Commission;
  • Cases against CPS staff except cases relating to minor uncontested motoring offences;
  • Allegations against police officers of seriously corrupt activity;
  • Allegations against police officers concerning deaths following police contact.

CPS Areas should consider referring the following cases to SCD:

  • Cases involving an allegation against a person serving with the police that involves issues of considerable complexity of sensitivity (e.g. involvement of CPS staff; officer with large local connections).

Refer to Allegations of Criminal Offences Against Police Officers and Other Persons Serving with the Police.

Referral of cases to Policy Directorate

All CPS official overseas visits require written authorisation from the Head of International Division (when new T & S Overseas Guidance is introduced Areas to be advised).

Referral Of Cases To The Principal Legal Advisor

The following cases must be referred to the Principal Legal Advisor:

  • Cases involving the intentional or reckless sexual transmission of infection;
  • Area and Complex Casework cases involving immunity from prosecution and undertakings as to the use of evidence (s 71, s 72 and s 74(2)(a) of the Serious Organised Crime and Police Act 2005.  Note: cases falling under s 74(2)(b) and (c) must also be referred in certain circumstances. Refer to Legal Guidance; Witness Immunities and Undertakings.
  • Applications for non-jury trials under s 44 of the Criminal Justice Act 2003
  • Homicide cases where death occurs either (i) more than 3 years after an initial injury is sustained or (ii) after a person has previously been convicted of an offence committed in circumstances connected with the death. Refer to Homicide elsewhere in the legal guidance

From time to time, the Director requires the Principal Legal Advisor to be advised of certain types of cases for monitoring or other purposes. Those instructions should be followed and they are separate from the list of cases here that are required to be referred to the Principal Legal Advisor so that she may consider the case.

Referral of Cases to the Community Confidence Advisor

The following cases must be referred to the Community Confidence Advisor:

  • Religiously aggravated offences

Referral of cases to Private Office

  • Re-trial of serious offences - Part 10 Criminal Justice Act 2003

Note: the personal consent of the DPP is required (or PLA where so authorised by the Director during the Director's absence).

In most, if not all cases, it is intended that the PLA will appeal as Leading Counsel for the Crown. CPS Areas should therefore consult the PLA before considering the instruction to external counsel.

  • Jury Vetting - all requests for jury vetting must be referred to the Director

Referral of Cases to Press Office

HQ Press Office must be advised of any case which may attract media interest.

Referrals and Notifications to the CCPs or London Legal Directors

The following cases must be referred to the CCP or London Legal Directors:

  • Murder;
  • Conspiracy to commit murder;
  • Attempted murder;
  • Concealment of birth;
  • Infanticide;

Refer to Homicide elsewhere in this guidance.

  • Riot;
  • Any case involving the prosecution of a person with diplomatic immunity;

Refer to Diplomatic Immunity and Diplomatic Premises elsewhere in this guidance.

  • Any offence by a solicitor representing a client;
  • References by the Criminal Cases Review Commission to the Court of Appeal;

Refer to Appeals from the Criminal Cases Review Commission  elsewhere in this guidance.

  • Conspiracy, attempt, incitement or aiding and abetting any of the offences above;
  • A decision to intervene in a non CPS prosecution;

Refer to Private Prosecutions elsewhere in this guidance.

  • Reinstitution of proceedings;

Refer to Reinstitution of Proceedings elsewhere in this guidance.

  • Re-trials for serious offences (Part 10, Criminal Justice Act 2003 Double Jeopardy cases)

Refer to Retrial of Serious Offences elsewhere in this guidance.

  • Any case in which the prosecutor wishes to apply for consent to prefer a Voluntary Bill of Indictment;

Refer to Voluntary Bills of Indictment elsewhere in this guidance.

  • PACE applications for personal records; trade / business material from a bank when s.7 Bankers Books Evidence Act 1879 is not available; journalistic material;
  • Any case involving a fatal road traffic collision, including those where it is not proposed to proceed with an offence of causing death by dangerous or careless driving but where the driver was either: unfit to drive through drink or drugs; where the proportion of alcohol exceeded the prescribed limit; or where the driver failed without reasonable excuse to provide a specimen for analysis;

Refer to Road Traffic Offences Prosecuting Cases of Bad Driving elsewhere in this guidance.

  • Appeals to the Court of Appeal.

Refer to Appeals to the Court of Appeal elsewhere in this guidance.

  • Cases involving allegations of criminal libel;
  • Motor manslaughter;
  • Cases involving applications to the Home Office for Resident Informant Status;

Refer to Covert Human Intelligence Sources elsewhere in this guidance

  • Cases involving applications to the Attorney General for Nolle Prosequi.

Refer to Termination of Proceedings elsewhere in this guidance

Cases To Be Notified To The CCPs Or London Legal Director

The following cases must be notified to the CCP or London Sector Director:

  • Cases involving any deaths which do not require referral to CCP or Sector Director for actions and case handling decisions;
  • Cases that may raise national media interest;
  • Road traffic offences by members of the police, ambulance or fire services whilst on duty;

Refer to Allegations of Criminal Offences Against Police Officers and Other Persons Serving with the Police elsewhere in this guidance

  • Where the judiciary directs that the papers are referred to the CPS for any reason;

Refer to Judicial Comments elsewhere in this guidance

  • Gaming betting and lottery offences;
  • Cases involving allegations of sexual offences committed abroad;
  • Cases in which a hypnotised witness is to be called to give evidence which will nearly always be in cases of unusual complexity and sensitivity.

Referral Of Cases To The Group Complex Casework Unit

Complex casework to be dealt with in Group Complex Casework Units will be mainly from Level 1 and Level 2 crimes with broadly defined characteristics of complexity that distinguish them from non-complex crime. The cases will normally bear one or more of the following characteristics:

  • Substantial and complex fraud;
  • Large scale human trafficking;
  • Serious drug related offences involving substantial importation, manufacture or supply, particularly with an international dimension;
  • Major targeted local criminals in organised or international crime;
  • Serial sexual assault where there has been a protracted investigation;
  • Large scale child abuse, abduction or paedophile abuse cases involving multi generational abuse of several victims;
  • Major large scale public disorder offences of a political, racial or religious nature, or which cause particular local concern;
  • Complex / serious cases involving professional misconduct;
  • Hate related murders;
  • "Mercy" killings / aiding and abetting suicide;
  • High profile / multi victim / multi defendant murders;
  • Serious / complex animal rights extremism cases especially across several police force areas;
  • Complex restraint and confiscation of assets;
  • Rape offences involving unusual violence or repeated attacks;
  • Cases involving complicated PII issues;
  • Complicated betting / lotteries cases;
  • Sensitive, serious or complex cases of major media interest, for example, e.g. allegations involving individuals or organisations with a high public profile;
  • Cases requiring consideration of gross negligence manslaughter and any case involving a fatality in which the investigation is being conducted in accordance with the Deaths at Work protocol (Note: cases of corporate manslaughter are currently dealt with in the Special Crime Division in HQ);
  • Corporate manslaughter involving unincorporated partnerships (all other corporate manslaughter cases are currently dealt with in the Special Crime Division in HQ);
  • Medical manslaughter (but only once the CCU has a "ticketed" lawyer approved by the Special Crime Division following devolution);
  • Cases where consideration is being given to issues of immunity and restricted use agreements under SOCA 05 ( but not in relation to approving a letter of agreement with a co-operating defendant);
  • All applications for a witness anonymity order;
  • All cases involving the negotiation of jurisdiction with the USA;
  • All cases in which the CPS Regional Asset Team Recovery lawyer has been involved in advising upon prosecution (applicable Areas only; currently London, West Midlands, NE England, NW England and Wales (not North);
  • Cases investigated by a Counter Terrorism Unit which fall short of being terrorist offences and thus are not prosecuted by the Counter Terrorism Division (applicable Areas only; currently London, West Midlands, Greater Manchester and West Yorkshire).

There is a presumption that all cases in the Crown Court which are likely to last for 40 days or more and thus fall within the VHCC scheme will be dealt with by the CCU regardless of whether they have any of the above characteristics. This presumption can be overridden with the agreement of the Group Strategy Board if a VHCC case is considered to be suitable for handling by an Area operational unit.

In addition, cases may be referred to the CCU by agreement or at the direction of the Group Chair Chief Crown Prosecutor and are likely to feature one or more of the following:

  • Unusual legal or evidential issues (including RIPA);
  • Extensive confiscation issues;
  • Significant or multiple foreign enquires or liaison with foreign law enforcement agencies;
  • Protected witness;
  • Resident source;
  • Extensive undercover police operations / multiple use of sources.

Arrangements for CPS London

Separate arrangements apply to the London Complex Casework Centre. Prosecutors should refer any queries to the CCP London or the Head of the London CCC.

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Procedure

There is no special form for either referral or notification. For referral, sufficient information should be supplied to enable the CCP (Legal Directors in London) to make an informed decision as to who should handle the case.

For notification, a narrative report should be supplied for information, dealing particularly with the point giving rise to the need for notification.

The referral or notification should be through the normal line management channels.

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